This Stipulation of Settlement and Dismissal is entered into by the Plaintiff-Intervenor, the U.S. Equal Employment Opportunity Commission ("EEOC"), and the Defendants, Kohn, Nast & Graf, P.C., a/k/a Kohn, Klein, Savett, Klein & Graf, P.C. ("the Kohn firm"), Steven A. Asher and Harold E. Kohn, defendants.
On March 8, 1994, the Court allowed the EEOC to intervene in this action, to enforce provisions of the Americans with Disabilities Act of 1990. as amended, 42 U.S.C. Section 12112, and Title I of the Civil Rights Act of 1991, alleging that the defendants discriminated against Joe Doe based on his disability and based on retaliation.
The defendants denied the allegations and deny any liability in this matter.
The parties have determined that it is in their best interests to resolve fully and finally all differences between and among them amicably and without resort to further litigation, including but not limited to those differences which are the subject of this litigation. Therefore, the parties to this action do hereby agree to entry of this Stipulation which shall resolve fully and finally all claims raised by the Commission in its Complaint-in-Intervention in this action.
Upon consent of the parties to this action, it is hereby agreed that:
1. This Court has jurisdiction over the parties and the subject matter of this action.
2. Defendant, the Kohn firm, its directors, officers, agents, employees, successors or assigns and all persons in active concert or participants with it will not engage in any employment practices which constitute unlawful disability-based discrimination under the ADA.
3. Defendant, the Kohn firm, will not retaliate in any manner against any person, including John Doe, or any witness to this action, because of that person's opposition to any practice alleged or believed to be unlawful under the ADA, or because of the filing of a charge, the giving of testimony or assistance, or the participation in any manner in any investigation, hearing or proceeding hereunder.
4. Defendant, the Kohn firm, shall post at its offices on a bulletin board where such notices, bulletins or announcements are usually and customarily posted for the benefit of all its employees, and/or applicants for employment, a Notice in the form of Attachment A. The Notice shall remain posted for a period of ninety (90) days from the filing of this Stipulation with the Clerk of the Court, and it must not be defaced or removed during this time period. The Kohn firm shall provide the EEOC a copy of the Notice, indicating the date and location of the posting, within fifteen days of posting.
5. The Commission's Complaint-in-Intervention is hereby dismissed with prejudice, each party assuming its own costs.
/s/ Donald Sweeney, Esq.
/s/ Barbara O'Connell, Esq.
Sweeney, Sheehan and Spencer
19th Floor
1515 Market Stree (sic)
Philadelphia, PA 19102-1983
/s/ WILLIAM O' BRIEN, Esq.
Conrad & O'Brien
1515 Market St.
Philadelphia, PA 19102
/s/Wanda Flowers
Carmen R. Matos
U.S. Equal Employment Opportunity Commission
1421 Cherry St., 6th Fl.
Philadelphia, PA 19102
NOTICE
The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination against employees and applicants for employment based upon disability. The ADA further prohibits retaliation against employees or applicants who avail themselves of the rights under the ADA by engaging in protected activities, such as filing a charge of discrimination and / or participating in a Commission investigation. The Equal Employment Opportunity Commission (hereinafter "the Commission") is the federal agency which investigates charges of unlawful employment discrimination, and, if necessary brings lawsuits in federal district court to enforce the ADA.
Kohn, Nast & Graf, P.C. ("the Kohn firm") fully supports and will continue to comply with the ADA in all respects. The Kohn firm is committed to the principle of equality of opportunity and will not engage in any employment practice which in any way operates to deny equal employment opportunities in violation of the ADA on the basis of disability.
Furthermore, in accordance with the ADA, the Kohn firm will not take any action against any employee, any applicant for employment because he or she has exercised any right under the ADA including the filing of a charge of discrimination with the Equal Employment Opportunity Commission or for participating in a Commission investigation.
This Notice will remain posted at the Kohn firm on a bulletin board where notices, bulletins or announcements are usually and normally posted for the benefit of all its employees or applicants for employment, and to show its continued interest in assuring equal employment opportunity. This Notice must not be defaced or removed. This Notice will be available for inspection by all employees of the Kohn firm.
